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Towards a Uniform Approach to Confidentiality of International Commercial Arbitration
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Towards a Uniform Approach to Confidentiality of International Commercial Arbitration

2019 ed.

Book Details

Format Hardback or Cased Book
ISBN-10 3030190021
ISBN-13 9783030190026
Edition 2019 ed.
Publisher Springer Nature Switzerland AG
Imprint Springer Nature Switzerland AG
Country of Manufacture CH
Country of Publication GB
Publication Date Jun 21st, 2019
Print length 240 Pages
Weight 550 grams
Dimensions 24.20 x 16.30 x 2.20 cms
Ksh 21,600.00
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The book deals with confidentiality as one of the most controversial issues in international commercial arbitration.

The book deals with confidentiality as one of the most controversial issues in international commercial arbitration. On the one hand, it is widely recognized that confidentiality is an important advantage of arbitration which contributes to its attractiveness. On the other hand, there is no uniform regulation in national legislations, arbitration rules, and other relevant sources as to the scope or even to the existence of a duty of confidentiality.

A uniform approach to confidentiality of international commercial arbitration is possible. The best way to achieve it would be through harmonization of national arbitration laws which should impose a confidentiality obligation subject to certain exceptions. The purpose of maintaining confidentiality would be to protect primarily the parties from undesirable leaks that can be avoided and to protect arbitration as an institution. As to a systematic publication of arbitral awards without identifying the parties'' identity, it is desirable and should be the goal.



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